Macquarie Credit Cards

Transcription

1 Macquarie Credit Cards Conditions Of Use EFFECTIVE 15 JANUARY 2016 Important note: This booklet does not contain all the pre-contractual information we are required by law to give you before the agreement is made. Further terms and information are in the Offer. 1

2 Contents Conditions Of Use 1 Part A The Account 1 Part B Meaning of key words 2 Part C Credit Limit 5 Part D Cards and Additional Cardholders 6 Part E Statements, charges and payments 11 Part F Changes to these conditions 16 Part G Card and PIN security 17 Part H Account closure and Card cancellation 21 Part I Suspension or Cancellation of your Card or Account 22 Part J Errors, disputes and complaints 23 Part K Electronic Banking 26 Part L BPAY scheme 26 Part M General information 26 Information Statement 31 Important Information These Conditions of Use contain important information in relation to your Account and you should read them carefully. This document also sets out important information about our banking services including: our account opening procedures our obligations of confidentiality regarding your account our complaints handling procedures, and the advisability of reading our terms and conditions carefully and informing us promptly if you are experiencing financial difficulty. Further information may be available upon request. Emergency phone numbers are on the back cover. The meaning of capitalised words (eg Credit Limit) and some other key words are explained in Part B. TO ACTIVATE YOUR CARD PLEASE LOGIN TO ONLINE BANKING OR CALL MACQUARIE USING THE TELEPHONE NUMBER LISTED IN THE OFFER. IF YOU DO NOT AGREE WITH THE TERMS AND CONDITIONS YOU SHOULD NOT ACTIVATE OR USE YOUR CARD OR ALLOW AN ADDITIONAL CARDHOLDER TO ACTIVATE THEIR CARD OR AUTHORISE A TRANSACTION ON THE ACCOUNT. 2

3 Conditions Of Use Part A The Account 1 Agreeing to these conditions The first time you activate a Card or authorise a Transaction on the Account, you will automatically be agreeing to these conditions. Your Card must be activated prior to any Additional Cardholders activating their Card. These Conditions of Use then apply to all Transactions on the Account. These Conditions of Use do not contain all the terms and conditions that apply to your Account. Additional terms and conditions that apply are set out in the Macquarie electronic banking terms and conditions. If you do not agree with these conditions, do not carry out or permit an Additional Cardholder to carry out any Transaction instead, destroy your PIN and all Cards (by cutting them into pieces ensuring that you cut across the magnetic strip or chip on the Card). If you do not activate your Card within 90 days of approval from us, we may cancel your Account. 2 Authority If there are Additional Cardholders, you agree that each person may use the Account and have access to Account information without your or any Additional Cardholder s consent. 3 Change of personal and financial details You must promptly tell us if you change any of your contact details including your name, phone numbers, residential address, employment and address. You must also promptly tell us if any of your financial details change, including annual income and your regular expenses. You can do this in writing or over the telephone. You acknowledge that we rely on this information being kept up-to-date and complete. 4 Opening the Account To open the Account you must: be 18 years old or over (unless we agree otherwise), and give us the identification and information we require. 1

4 5 Accessing your Account When you open the Account, you (and your Additional Cardholders, if any) will be sent a Macquarie Access Code, Password, PIN and, if available, TPIN. You use this information when you operate the Account via an ATM or Electronic Banking. For security reasons, we can refuse to allow you access to the Account if you cannot supply your Password, PIN or TPIN. You will need to change your Password the first time you use Online Banking. If your PIN, TPIN or Password becomes known to someone else, you must tell us immediately by calling us on any telephone number listed on the back of the Conditions of Use booklet. 6 Unauthorised use You are not liable for any unauthorised use of your Card that occurs before you have received your Card and PIN. You are also not liable for any unauthorised use of an Additional Cardholder s Card that occurs before they have received their Card and PIN. Part B Meaning of key words 2 7 Key words Key words are defined in this condition 7 and the Offer document. Account means your card account shown in the Offer. Additional Cardholder means any person to whom a Card has been issued at your request under condition 11. Annual Percentage Rate means a per annum rate of interest. ATM means an automatic teller machine owned by us or another financial institution. Balance Owing On The Account means at any time, the difference between all amounts credited and all amounts debited to your Account under this agreement at that time. When this amount is to be calculated for the end of a day, it includes all debits and credits assigned to that day. BPAY means the electronic payments scheme operated by BPAY Pty Ltd through which you can ask us to make payments on your behalf to billers who tell you that you can make payments to them through the BPAY scheme. Card means any Card we issue to you or an Additional Cardholder for use on the Account. Cardholder means a person in whose name a Card has been issued by us. Registered to BPAY Pty Ltd ABN

5 Cash Advance means a Transaction on your Account which involves you or an Additional Cardholder receiving cash using a Card. This includes a Transaction against credit balances in your Account. Chip means the electronic microchip embedded in a Card used as an additional security and information storing device. Closing Balance means the amount shown on a statement of account as the Closing Balance for that statement of account, and is the amount you owe us under this agreement on the closing date for the Statement Period. Credit Limit means your Credit Limit shown in the Offer, as we may agree to vary it from time to time. Daily Percentage Rate means the applicable Annual Percentage Rate divided by 365. EFT Transaction means a Transaction conducted by electronic means including over the telephone or via the internet. Electronic Banking means all or any of Online Banking, Mobile Banking and Telephone Banking as relevant. Interest Free Finance means a Special Promotion identified by us to you as interest free. International Transaction means any Transaction made using a Card: a. in a currency other than Australian dollars with a merchant or financial institution located in Australia, or b. in Australian dollars or any other currency with a merchant or financial institution located outside Australia. Macquarie Access Code (or MAC) means the unique code allocated to you by us which identifies you and, when used in conjunction with a PIN, TPIN or Password, provides access to Electronic Banking. Macquarie Group means Macquarie Group Limited ABN , its related bodies corporate and its successors and assigns. Minimum Payment Due means the amount as described in the Offer. Mobile Banking means Macquarie s secure mobile banking service that allows you and your Additional Cardholders to access certain banking services through a smartphone application on compatible mobile phones or personal electronic devices. Offer means the Offer document which is part of this agreement. Online Banking means Macquarie s secure online banking services available at macquarie.com.au. Password means a security password which is issued by us, or selected by you, which enables access to Electronic Banking. 3

6 Payment Due Date means the date stated on your statement of account by which the Minimum Payment Due must be paid. PIN means the personal identification number for use with a Card. Promotional Rate means the Annual Percentage Rate as stated in the Offer that applies to Special Promotions. Purchase means each amount: a. charged by the supplier for the supply of any goods or services purchased by the use of a Card (including a BPAY Transaction), except for amounts which are Cash Advances and Special Promotions, or b. treated by us as a Purchase under condition 12. Special Promotion means, during any specified term or period, any Transaction or promotional offer we identify as a special promotion (including, but not limited to, balance transfers). Statement Period means the period specified on a statement of account as the statement period, and is the period to which the statement of account relates. Telephone Banking means Macquarie s telephone banking service, if made available. Terminal means any electronic device facilitating Transactions on the Account through the combined use of a Card and a PIN or Cardholder signature or, where the Transaction is at a Visa paywave secure reader, through the use of a Card. Terminal includes ATMs, EFTPOS outlets and Visa paywave secure readers. TPIN means the four-digit code issued by us, or selected by you, to enable access to Telephone Banking. Transaction means any transaction authorised by the use of a Card or any other means we authorise from time to time. A Transaction includes but is not limited to a Purchase, Cash Advance or Special Promotion. Visa paywave is a contactless method of authorising Purchases by waving your Card in front of a secure Visa paywave reader at a merchant, without having to sign or enter a PIN or Password. we, us or Macquarie means Macquarie Bank Limited ABN Australian Credit Licence and its successors and assigns. you means the person or persons named in the Offer as the customer. You does not include an Additional Cardholder. If there are two of you, you means each of them separately and both of them jointly. You includes your successors and assigns. The singular includes the plural and vice versa. A reference to: any thing includes the whole and each part of it including means including without limitation, and a document includes any variation or replacement of it. 4

7 Part C Credit Limit 8 Your Credit Limit Your Credit Limit is shown in the Offer. This is the maximum amount of credit for which you have been approved on the Account, including any accrued interest charges and fees. The limit for non-purchase Transactions such as Cash Advances or balance transfers may be different to your Credit Limit. If the limits applicable to these types of Transactions differ, we will notify you of these individual limits. You should tell an Additional Cardholder about your Credit Limit. You are responsible if the Credit Limit is exceeded. If the Balance Owing On The Account is more than the Credit Limit, you must immediately repay us the excess amount. If there is an overdue amount shown on a statement, you must also immediately pay us that amount. We need not ask you for those amounts first. The payments are in addition to your normal repayment obligation (see condition 15). If you exceed your Credit Limit, you may be charged an Overlimit Fee for this service and you must immediately pay the overlimit amounts. If your Account was approved on or after 1 July 2012, you can exceed your Credit Limit only if you have provided us with your express consent. You may vary your consent at any time by contacting us. If your Account was approved before 1 July 2012, you can avoid exceeding your Credit Limit by asking us to decline Transactions that will take you over your Credit Limit. If you have prevented your Account from exceeding your Credit Limit in accordance with the above procedure relevant to your Account, this will not prevent all Transactions that may take you over your Credit Limit. For example, it will not prevent you being taken over your Credit Limit where transactions are conducted manually and authorisation is not checked, where the transaction amount is below a certain amount and any accrued interest, charges and fees that are applied to your Account in accordance with these Conditions of Use. 9 Changing your Credit Limit You may apply to us to increase your Credit Limit and, if we decide to do so, we must tell you the new Credit Limit in writing, which may be on your statement. You may also provide us with your consent to receive Credit Limit increase invitations from us, which will allow us to invite you to apply for a higher Credit Limit. You may contact us at any time to vary your consent to receive Credit Limit increase invitations. We may reduce the Credit Limit or stop providing further credit at our discretion, including in circumstances where you are in breach of these Conditions of Use, or are not making the Minimum Payments Due. If we do so, we will tell you in writing. 5

8 Part D Cards and Additional Cardholders 10 Cards 10.1 You must sign your Card as soon as you receive it. You must ensure that any Additional Cardholder does likewise. A Card is not valid unless it contains a Cardholder s signature. Each Card is for the sole use of the person named on it There is an expiry date on your Card. The relevant Cardholder must not use a Card after that date. We may issue each Cardholder with a new Card with a later expiry date before the original Card expires unless you ask us in writing not to do so Each Card remains our property. We may issue replacement Cards to you and any Additional Cardholder at any time. All Cards are subject to these Conditions of Use and any subsequent terms and conditions that may be issued in respect of the Account Cardholders must keep their Card in a safe place at all times. It is best to carry it with you. Do not leave it where anyone can see it or take it. Do not leave it in a car, at home or at work. If a Cardholder does not use their Card regularly, the Cardholder must still check that the Card is secure Transactions made with the Card by electronic equipment may be limited to minimum and maximum amounts in any specified period and to multiples of any amounts. These limits may vary between different types of equipment. The following Visa paywave Transaction limits apply independently to limits on your Card and each Card held by any Additional Cardholders: Visa paywave Transactions Single transaction Cumulative paywave transactions Domestic Transaction limits The lesser of $100 or the merchant s contactless floor limit A cumulative value of $300 International Transaction limits The merchant s floor limit 3 cumulative paywave transactions If a cumulative Visa paywave Transaction limit is reached, in order to make Visa paywave functionality available again, you must conduct a successful Chip Transaction. 6

9 A Chip Transaction can be completed at any merchant that has a Chip Terminal. A Chip Transaction occurs when a Chip Card is dipped into and remains in the terminal throughout the transaction. This transaction is different to a magnetic stripe transaction where your card is swiped through a Card Terminal or inserted into an ATM to read the magnetic stripe A Card must not be used: by any person other than the Cardholder whose name and signature appears on the Card after the expiry date on the Card when the Card is suspended or cancelled after you have requested that we close your Account, or we have notified you that we will be closing your Account in accordance with Part H of these Conditions of Use, or for the purpose of conducting business Transactions or unlawful activities, determined at our discretion. See conditions for more information about looking after Cards and PINs, and for when you will be liable for their misuse. 11 Additional cards 11.1 You may nominate people who are 16 years or older to be your agent to operate on the Account. If approved, we will issue that person with a Card linked to the Account and a PIN. You should ensure that any Additional Cardholder has read and complies with these Conditions of Use. If your Additional Cardholder does not comply with them, you will be held to be in breach of these Conditions of Use You consent to us giving an Additional Cardholder information about the Account. We may at our discretion seek your confirmation before processing certain Additional Cardholder requests All Transactions made using an Additional Card are charged to the Account. You are liable to pay for (or to repay) any credit provided (or losses incurred) to any Additional Cardholder. Accordingly, you are responsible for paying for all these Transactions as if you had used the Card yourself You must notify us if you want to cancel an Additional Card or stop an Additional Card from being used. Upon notifying us of this, you must return the Additional Card, or ensure that the Additional Card is destroyed. In certain circumstances, where you have not returned or destroyed 7

10 the Additional Card, due to technological restraints (for example, where transactions are conducted manually and authorisation is not checked, or where the transaction amount is below a certain amount) we will not be able to cancel the Additional Card or stop Transactions occurring. In these circumstances, you remain responsible for all Transactions made with an Additional Card prior to its return to us. You must ensure that the Additional Cardholder cancels all recurring direct entry debit authorities relating to the Additional Card. 12 Using the Card 12.1 Using the Card to obtain goods and services At a merchant Cardholders can use the Card to obtain goods and services at participating merchants (such as shops, restaurants and theatres). We are not responsible if a merchant refuses to accept the Card, or places other limitations on using the Card. We have no control over the hours a merchant may be open for business. The hours during which a Terminal will be available may therefore vary in accordance with the merchant s opening hours. Cardholders must check that the correct amount is entered in a Terminal or written in the total box on a voucher before they authorise the Transaction or sign the voucher. Through mail order, the internet and telephone Cardholders can use the Card to obtain goods and services by mail order, over the internet and by telephone where the merchant accepts that form of payment. Some Transactions need authorisation from us. Acting reasonably, we may choose not to authorise a proposed Transaction including in circumstances where we consider it is reasonably necessary to protect you or us against losses, if we suspect fraudulent Transactions, or, if you are in breach of these Conditions of Use. 8 Using Visa paywave You can use Visa paywave to authorise Purchases within the Visa paywave Transaction limits at participating merchants which have a Visa paywave secure reader and display the Visa paywave logo. You can also use your Visa paywave Card as a Chip or magnetic stripe Card. Before authorising payment for Visa paywave Transactions, you must check that the correct amount of your Purchase is displayed on the Visa paywave reader or on the shop register. Although no PIN, TPIN or Password is required for a Visa paywave Transaction, a Visa paywave secure reader will be treated as

11 a Terminal and you have the benefit of condition 29 in respect of Visa paywave Transactions. Subject to condition 29, Transactions authorised by Visa paywave are treated as authorised and debited to your Account. Goods and services We are not responsible for the provision or quality of goods or services purchased using a Card, unless the law makes us liable. Therefore, if you have any complaints about goods or services, you must take them up with the merchant or ask us about your chargeback rights as outlined in condition Subject to our discretion, condition 8 and the remainder of this condition 12.2, Cardholders may use their Cards to obtain Cash Advances. If we block or limit a Cardholder s ability to obtain Cash Advances, we will notify you as soon as practicable. We will act reasonably in relation to any decision to block or limit a Cardholder s ability to obtain Cash Advances and will do so in circumstances where we consider it is reasonably necessary to protect you or us against losses, if we suspect fraudulent Transactions, or if you are in breach of these Conditions of Use. ATMs Cardholders can use the Card in combination with their PIN to obtain cash up to the daily cash limit subject to the available Credit Limit from any ATMs of our associated financial institutions. Your daily cash limit is shown in your Offer, and may be varied by us from time to time, acting reasonably. If we vary your daily cash limit, we will notify you as soon as practicable. Providers of ATMs may charge you a fee at the ATM for using this service. At ATMs in Australia, the amount of the fee will be disclosed to you at the time of the transaction. We do not warrant that ATMs will always have money available. There are limits on the amount of cash you can obtain from an ATM in Australia on any one day. Some ATMs have a lower transaction limit than your daily cash limit. This means that you may have to make two or more withdrawals to reach your daily limit. The limits for any Cash Advance by using your Card in an ATM overseas on any one day may vary from place to place. Using Visa paywave You cannot use Visa paywave to authorise Cash Advances Other financial institutions You may also be able to obtain a Cash Advance on the Account by presenting your Card at a branch counter of other financial institutions that accept your Card. Some other financial institutions may charge you a fee for doing so. The minimum and maximum amount of Cash Advance from any other financial institution or from an institution 9

12 outside Australia is determined by them and may vary from one to another. Other financial institutions may require other identification which identifies the holder of the Card (such as a photographic driver s licence or a passport) as well as your Card before giving you a Cash Advance. The types of transactions available at ATMs provided by other institutions depend on those institutions Recurring direct entry debit Any credit obtained by a direct entry debit is treated as a Purchase. You may at any time authorise a merchant or other third party to transact on your Account. If you wish to cancel or make alternate payment arrangements for a recurring direct entry debit authority, you should contact the merchant or third party directly. You should be aware that providing authorisation to a merchant to transact on your Account for an unspecified amount can result in your Account being charged non-standard, unexpected and possibly large amounts by that merchant. You should therefore exercise caution when providing Account authorisation to any merchant. If a Card is cancelled, access to your Account is cancelled or your Account number changes (for instance, if your Account is closed or a Card is lost, stolen or used without a Cardholder s authority), you must cancel any recurring direct entry debit authorities authorised to be made to your Account by direction to the merchant or notify the merchant of the details of any new Card number. If you fail to provide alternative payment details to the merchant, we may, after giving notice to the merchant, stop processing the Transactions, which may cause the merchant to stop providing the goods or services EFTPOS transactions EFTPOS transactions are treated as Purchases for interest calculation purposes if you select the credit button when making the transaction Special Promotions We may provide a Special Promotion on your Account from time to time on such terms and conditions as we determine, including the Transactions eligible for the Special Promotion, the Annual Percentage Rate and any applicable fees or charges. Each Special Promotion will be subject to those terms and conditions as well as these Conditions of Use. Use of a Card or your Account to conduct a Transaction in accordance with a Special Promotion will constitute your acceptance of the terms and conditions of that Special Promotion. The Special Promotion will be shown on your next statement, and this statement will be taken to be notice to you of the change in the terms of your Account as it relates to the Special Promotion. 10

13 12.7 Using the Card Additional Cardholders Each Additional Cardholder may use their Card on the same terms as those which apply to you under this condition 12 (see condition 11 which explains your liability for those Transactions). 13 Using a Terminal When a Cardholder uses a Card and PIN at a Terminal, you authorise us to act on the instructions entered into the Terminal. A Card may be retained in a Terminal if a Cardholder incorrectly enters their PIN three consecutive times. Money is at your risk from when it is available to a Cardholder at an ATM. You are liable if you leave your Card in an ATM (provided the ATM incorporates reasonable safety standards that mitigate the risk of a card being left in the ATM). Part E Statements, charges and payments 14 Statements We send you a monthly statement for the Account. However, we need not send you a statement if: a. no amounts have been debited or credited to the Account during the Statement Period (other than debits for government charges, or duties, on receipts or withdrawals) and the amount outstanding is below $10 or your Account is in credit for less than $10, or b. we wrote off your debt during the Statement Period and no amounts have been debited or credited to the Account during the Statement Period. All amounts requiring payment are shown on the statement in Australian dollars. You should check the entries on your statement carefully and promptly report any error or unauthorised transaction to us as soon as you become aware of it. 15 Monthly Payments You are responsible for paying the closing Balance Owing On The Account shown on the statement but you need not pay the entire Closing Balance each month. However, you must pay the Minimum Payment Due for each statement by the Payment Due Date shown on the statement. Any overdue or overlimit amounts are payable immediately. You may pay more or all of the Closing Balance outstanding if you wish. If you do not make a Minimum Payment Due by the Payment Due Date or pay any overdue or overlimit amounts, we may transfer money from your other accounts, even if any of your other 11

14 accounts are held by you jointly with other persons. We do not have to do this and your obligation to pay that amount will not change if we do not transfer money from your other Accounts. 16 Transactions We may assign any date we consider appropriate to a debit or credit to the Account (except that, in the case of a debit,the date must not be earlier than the date on which the relevant Transaction occurs). However, we credit payments to the Account as soon as practicable after we receive them. This is not necessarily the same day that you pay. Payments received after 3.00pm Monday to Friday or on weekends or public holidays may be deemed to be received on the next business day. We may subsequently adjust debits and credits to the Account and the Balance Owing On The Account so as to accurately reflect the legal obligations of you and us (for example, because of an error or because a cheque is dishonoured). If we do this, we may make consequential changes (including to the interest charges). 17 How International Transactions are treated International Transactions made in a foreign currency are converted from the currency of the Transaction to the Australian dollar equivalent as at the date they are processed. All International Transactions are listed on your statement in Australian dollars and, where applicable, the foreign currency of the Transaction. You are also charged an International Transaction Fee for all International Transactions, the details of which are outlined in the Offer or have otherwise been notified to you in accordance with condition Your obligation to repay all amounts Subject to condition 15, you must pay us for all amounts debited to the Account. These include: a. amounts shown on payment vouchers for goods and services obtained from a merchant either directly, by mail, telephone order, or otherwise, and b. the amounts of all Cash Advances, and c. the amounts of all other Transactions using a Terminal or made at any branch of any financial institution, and d. interest charges, and e. any of our other fees and charges as shown in the Offer or in condition 21. Once paid, any fee that has been correctly charged is non-refundable. 12

15 You are also liable for unauthorised use of your Card as set out in condition 29. If you exceed your Credit Limit, you are immediately liable to repay the overlimit amount and you may incur an Overlimit Fee. 19 Annual Percentage Rate The Annual Percentage Rate which applies to your Account is shown in the Offer or as advised from time to time. A different rate may apply to different types of Transactions, for example a higher Annual Percentage Rate may apply to Cash Advances. We may change any Annual Percentage Rate at any time (except in relation to a Promotional Rate that is fixed for a specified period). We will act reasonably in changing any Annual Percentage Rate. The new Annual Percentage Rate applies from the date we specify in the notice or statement we provide under condition 27. For details of current interest rates refer to your statement or contact Macquarie. 20 Interest charges 20.1 Subject to condition 20.2, an interest charge is payable by you on each amount of credit provided under your Account. The interest charge will be debited to your Account at the end of each Statement Period and is the sum of the monthly interest charges for each different balance type. The monthly interest charge for a balance type is the sum of the daily unpaid balances on your Account for that balance type multiplied by the applicable Daily Percentage Rate, for each day in the Statement Period. The daily unpaid balance for a balance type is the sum of the unpaid Transactions for that balance type (from and including the dates assigned to the Transactions) plus applicable fees and charges and interest. Interest charges become part of the relevant daily unpaid balance for a balance type on the day they are debited to your Account, but after interest charges are calculated for that day. The interest charges will be calculated up to and including the day on which they are debited Interest-free period No interest charges will be charged on a Purchase if the Closing Balance (excluding any Interest Free Finance balances that are in the specified promotional term or period) for: the statement of account on which the Purchase was itemised, and the previous statement of account, are paid in full by the Payment Due Date shown on the respective statements. 13

16 If the Closing Balance (excluding any Interest Free Finance balances that are in the specified promotional term or period) on the last statement before the statement on which a Purchase was itemised was not paid in full by its Payment Due Date, interest charges on the Purchase will first be debited to your Account on the closing date of the Statement Period in which the Purchase was debited. Otherwise, interest charges on a Purchase will first be debited to your Account on the last day of the Statement Period after the Statement Period in which the Purchase was debited. There is no interest-free period with respect to Cash Advances Credit balances We do not pay interest on any credit balance in the Account. 21 Fees and other charges 21.1 We may charge the fees and charges shown in the Offer and any changed or new fees or charges notified to you. We will act reasonably in introducing new fees or charges You must also pay an amount equal to any government charges and duties on receipts or withdrawals under this agreement or duties charged relating to the use of a Card or to Transactions on your Account or both, in each case calculated in accordance with the relevant legislation. These are payable when they are debited to your Account. You are liable to pay these amounts whether or not you are primarily liable for such charges and duties Details of our current fees and charges are available by contacting Macquarie. 22 Refunds We will only credit a refund to the Account if we receive information acceptable to us, acting reasonably. A refund will not be treated as a payment to the Account. 23 How to pay You can make payments: a. by using Electronic Banking to pay from your other Macquarie accounts (where available) b. by direct debit from other banks c. by posting a cheque together with the payment slip to the address set out on your statement, or d. by other methods we make available as set out on your statement and our website. 14

17 You must pay in Australian dollars in Australia. It is not possible to make repayments in foreign currency or in person overseas. However, if you are overseas when a payment is due, you must still ensure that any minimum payment is made by other means. If you are late making a payment you may incur a Late Payment Fee. 24 What happens to payments we receive? 24.1 If your Account was approved prior to 1 July 2012, payments are applied to amounts shown on your statements of account in the following order: interest, Special Promotions, fees, insurance premiums, Purchases and Cash Advances. Where a payment exceeds those amounts, it is generally applied to amounts since your last statement in the following order: interest, Special Promotions, fees, insurance premiums, Purchases and Cash Advances. Within each of these balance types, payments are applied to amounts owing in order, starting with the amounts to which the lowest Annual Percentage Rate applies. Where a payment has been credited and is subsequently reversed (for example, if a cheque payment is honoured), we will debit the payment to your Account. We may reverse the application of the original payment and will treat the payment reversal as a Purchase. We may, at our discretion, apply payments to your Account in accordance with condition 24.2 below If your Account was approved on or after 1 July 2012, payments are applied to amounts shown on your statements of account, first to the part of balances to which the highest Annual Percentage Rate applies, next to the part of balances to which the next highest Annual Percentage Rate applies and will continue to be applied to balances in descending order of applicable Annual Percentage Rate. Within each plan, payments will be applied in the following order: interest, fees, principal balance and insurance premiums (relevant only within your Purchases plan). If your last statement of account did not have a balance, payments are applied to balances that have not appeared on your statement of account in descending order of applicable Annual Percentage Rate. Where a payment has been credited and is subsequently reversed (for example, if a cheque payment is dishonoured), we will debit the payment to your Account. We may reverse the application of the original payment and will treat the payment reversal as a Purchase. 15

18 25 Set-off You irrevocably agree that: a. all moneys payable to us by you will be paid in full and, to the extent permitted by law, free of any right of set-off or counterclaim of any kind and free and clear of, and without, deduction or withholding of any kind, and b. we may (in addition to any general or banker s lien, right of set-off, right to combine accounts or any other right to which we may be entitled), without notice to you or any other person, set-off and apply any money we owe you on any account against any money you owe us on any account. 26 Credit balances If your Account has a credit balance of greater than $10,000, we may send you a cheque for the amount of the credit balance (excluding uncleared funds). Part F Changes to these conditions 27 Changes Subject to the matters set out in the Offer, acting reasonably we may change these conditions without your consent. We will notify you of any unilateral change by us to: an Annual Percentage Rate, and the amount of any credit fee or charge or the frequency or time for payment of a credit fee or charge, in writing or by advertising the change in a newspaper circulating through your State or Territory. We will notify you of these changes not later than: for a change to an Annual Percentage Rate the date the change takes effect for a change to a credit fee or charge 30 days before the change takes effect. If we notify you of a change by advertisement, we will also give you particulars of the change with your next statement of account after the change takes effect. We will notify you of any other change that we make unilaterally (including the introduction of a fee or charge, other than a government charge publicised by the government, government agency or representative body) by giving you written notice of the change not later than 30 days before the changes take effect. In making any unilateral change we will act reasonably. If you are not satisfied with any change or variation to these Conditions of Use you may terminate your Account with us. We 16

19 will not charge you a termination or account closing fee, however termination of your Account will be subject to all outstanding obligations under these Conditions of Use being duly discharged. Part G Card and PIN security 28 Looking after Your Card 28.1 You must ensure that a Cardholder informs us immediately if their Card, PIN or TPIN has been misused, lost or stolen. We must be given all the information that you or the Cardholder have or can reasonably obtain regarding the loss, misuse or theft The Cardholder must: a. minimise the risk of losing their Card or allowing their Card to be used by someone else for instance by keeping their Card in sight when making a purchase and report any loss, theft or misuse of their Card in accordance with condition 28.1, b. look after the PIN, TPIN or any Password at all times so as to minimise the risk of losing it or allowing it to be used by someone else. For instance: do not write the PIN, TPIN or Macquarie Access Code on the Card do not keep the PIN, TPIN or Password near the Card in a disguised form, such as a telephone number when a Password is selected, do not select a numeric sequence which represents the Cardholder s date of birth, or an alphabetical sequence which is a recognisable part of the Cardholder s name do not tell the PIN, TPIN or Password to anyone else (including family, friends and Macquarie Bank staff), and if the PIN, TPIN or Password becomes known to someone else, you must tell us immediately by calling us on any telephone number listed on the back of the Conditions of Use booklet, and c. use electronic equipment in a way which minimises the risk of someone obtaining unauthorised access to your Account. For instance: use care to prevent anyone seeing your code being entered on electronic Terminals, over the telephone and via the internet for instance at an internet cafe, and remember to take the Card, receipt and cash from the location of an electronic banking Terminal after use Cardholders must comply with the following: a. where we provide a Cardholder with a Card, PIN, TPIN or Password, the Cardholder must: i. not voluntarily give or disclose the Card, PIN, TPIN 17

20 or Password to anyone including a family member, friend or Macquarie Bank staff member ii. not act with carelessness in failing to protect the security of the PIN, TPIN or Password, and iii. not record the PIN, TPIN or Password on the Card, or on articles liable to loss or theft simultaneously with the Card (without making a reasonable attempt to protect the security of the record), and b. where we allow the Cardholder to select a Password, the Cardholder must not select: i. a numeric code which represents your birth date, or ii. an alphabetical code which is a recognisable part of your name. Any act by the Cardholder contrary to condition 28.3 (a) or (b), may mean that you are liable for losses caused by unauthorised transactions caused by a breach of the security of the Password, PIN, TPIN or Card. 29 Liability for EFT Transactions 29.1 Where you or any Additional Cardholder want to use a Card for the purposes of an EFT Transaction through a financial institution or merchant you and any Additional Cardholder must comply with the conditions of use imposed by the financial institution or merchant as the case may be, including their withdrawal and Transaction limits Where your statement records an unauthorised transaction on your Account which is an EFT Transaction, you will not be liable for: a. losses that are caused by the fraudulent or negligent conduct of our employees or agents or companies involved in networking arrangements or of merchants or of their agents or employees b. losses arising because the PIN, TPIN, Password or Card is forged, faulty, expired, or cancelled c. losses that arise from EFT Transactions which required the use of your Card, PIN, TPIN or Password and that occurred before the Cardholder received the Card, PIN, TPIN or Password d. losses that are caused by the same EFT Transaction being incorrectly debited more than once to the same Account e. losses resulting from unauthorised transactions occurring after we are notified that the Card has been misused, lost or stolen or the security of the PIN, TPIN or Password has been breached f. losses resulting from unauthorised transactions where it is clear that you or the Additional Cardholder have not contributed to such losses, or 18

21 g. losses which we are able to recover by exercising any relevant rights we have against a merchant You are liable for losses resulting from unauthorised transactions (which are EFT Transactions) as provided below: a. where you or the Additional Cardholder contributed to the losses through your or the Additional Cardholder s fraud or contravention of the security requirements in condition 28.3, you are liable for the actual losses which occur before we are notified that the Card has been misused, lost or stolen or that the security of the PIN, TPIN or Password has been breached, b. where you or the Additional Cardholder contributed to losses resulting from unauthorised transactions because you or the Additional Cardholder unreasonably delayed notifying us after becoming aware of the misuse, loss or theft of the Card, or that the security of the PIN, TPIN or Password has been breached. You will then be liable for the actual losses which occur between the time you or the Additional Cardholder became aware (or should reasonably have become aware in the case of a lost or stolen Card) and when we were actually notified, c. however, you are not liable for any of the following amounts: i. that portion of the losses incurred on any one day which exceed any applicable daily transaction limit(s) notified to you ii. that portion of the losses incurred in a period which exceeds any other periodic transaction limit(s) notified to you and applicable to that period iii. that portion of the total losses incurred on any Account which exceeds the Credit Limit, regardless of whether your Account is able to exceed the Credit Limit in accordance with condition 8, and iv. all losses incurred on any Accounts which we had not agreed could be accessed using the Card, PIN, TPIN or Password, and d. where neither paragraph (a) nor (b) applies, and a PIN or Password was required to perform the unauthorised transaction, you are liable for the least of: i. $150, or ii. the Credit Limit (plus any credit balance), or iii. the actual loss at the time we are notified (where relevant) that the Card has been misused, lost or stolen or that the security of the PIN, TPIN or Password has been breached (excluding that portion of the losses incurred on any one day which exceeds any applicable daily transaction or other periodic transaction limit(s) notified to you). 19

22 29.4 Subject to condition 29.5 we will be responsible to you for loss caused by the failure of our equipment or systems to complete a Transaction accepted by our equipment or systems in accordance with a Cardholder s instructions If our systems or equipment malfunction, and a Cardholder was or should have been aware that the system or equipment was unavailable for use or malfunctioning, our liability for loss or consequential damage that may arise as a result of a malfunction is limited to the correction of any errors in the Account, and the refund of any charges or fees imposed as a result of those errors If you have any query or complaint concerning EFT Transactions on your Account: a. you must notify us of any such query or complaint by calling us on any telephone number or writing to us at any address listed on the back of the Conditions of Use booklet b. you must give us all information we request to help us resolve your query or complaint, and c. if we are unable to resolve your query or complaint immediately, we will write to you to let you know our procedures for investigating it. If we are a linked credit provider of a supplier under trade practices or consumer credit legislation, you may have rights with us in relation to goods or services which are the subject of a Purchase. Subject to those rights, and any other applicable laws, we are not responsible or liable: i. if a supplier or other person refuses to accept or honour any Card, no matter what the reason, or ii. for any defect or deficiency whatsoever in respect of any goods or services (for example, with respect to the quality of any goods or services) or their fitness for any purpose. 20

23 Part H Account closure and Card cancellation 30 Closing the Account You can request closure of the Account at any time by telling us in writing or calling us. You must pay the Balance Owing On The Account and any fees and/or charges payable up to the date of termination, cut in half or return all Cards on the Account. 31 Cancellation and return of Cards We may cancel any Card or close the Account or do both at any time without notice to you at our discretion. We will notify you as soon as possible afterwards. Without limiting the reasons why we may do so, this may happen if: we reasonably consider you induced us to issue any Card by fraud, or we believe the Card is being used in a way that may cause loss to you or us, or the Account becomes inactive and has a nil balance. In exercising our discretion we will act reasonably. If we suspect that there has been fraud committed in respect of the Account we may suspend the provision of credit until the fraud has been investigated. We may cancel the Account after an investigation into the fraud if we believe such action is reasonably necessary. You must not use the Account and you must return all Cards on the Account (cut in half for your protection) to us immediately if: we close the Account, or we cancel your Cards, or we request you to do so. 32 Payment on closure, cancellation or suspension 32.1 If you want to or we close the Account, or if we cancel a Card in any circumstances, you must immediately: return all Cards on the Account cancel any recurring direct debit entries, and pay the Balance Owing On The Account on demand or by request from us (together with amounts for Transactions not yet processed on the Account, government taxes and duties and other charges for the period up to closure or cancellation and any of our fees and charges incurred before closure or cancellation condition 29 applies if a Card is used without your knowledge or consent during that period). You must also repay any credit provided between the time of closure or cancellation of the Account or any Card issued on the Account and the time we receive back all Cards. 21

24 32.2 We will act reasonably in making a decision to cancel a Card, or close the Account. If you are not in default under these Conditions of Use and your Card is cancelled or the Account is closed, we will notify you of the amount that you are required to pay. Any demand for repayment will include a notice period within which the repayment is to be made. In assessing a suitable notice period and making any demand for repayment, we will act reasonably If we exercise our rights to suspend your Card or Account, you must continue to make payments to the Account in accordance with condition 15. Part I Suspension or Cancellation of your Card or Account 33 What happens if you breach these conditions? If you breach any of these Conditions of Use including not making the Minimum Payment Due on the Payment Due Date: a. we may, upon giving you prior notice: i. close the Account ii. cancel any Card, or iii. require the destruction of any Card, and b. we may also do any of the following: i. restrict, or temporarily suspend your ability to make further transactions ii. restrict or temporarily suspend your ability to make further Cash Advances iii. suspend your participation in the rewards program, including restricting your ability to redeem under the program iv. reduce the Credit Limit of your Account (including limits set for non-purchase Transactions as stated in condition 8) v. close the Account, or vi. choose not to re-issue any Card. If we take any of these actions, where possible we will give you prior notice, but if we cannot contact you, or if providing notice would be impracticable, we will notify you of any action we have taken as soon as practicable after doing so. Also, you must pay the reasonable enforcement expenses we reasonably incur in enforcing the Conditions of Use. Enforcement expenses can be charged to your Account. If enforcement expenses are charged to your Account and cause your Account to exceed the Credit Limit, you may be charged an Overlimit Fee, subject to condition 8. You may incur a Late Payment Fee if you are late making a 22